Clarifying preemption

What should be on the 2007 agenda for CHL's?

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Clarifying preemption


Post by KBCraig » Mon Dec 04, 2006 1:58 am

A recent thread about the Dallas Museum of Art brought to my attention a tricky situation regarding political subdivisions and concealed carry. Although 30.06 notices posted by political subdivisions cannot be enforced against CHL holders, nothing in the law stops local governments from denying concealed carry in other ways.

In the DMA example, a museum goer and his lady were greeted at the door with a requirement to be searched before entering. No 30.06 notice was visible. While a security guard searched the lady's purse, another patted down the CHL, and reacted poorly to finding a certain bumpy item around the waist band.

Without acknowledging what the "bumpy item" was, the CHL was told that no weapons were allowed.

Under current law, it is still legal under PC 30.05 for a political subdivision to deny concealed carry in a circumstance like this.

Under the Texas Constitution, only the Legislature has the authority to regulate the wearing of arms. The 2007 Lege needs to clarify this, making it illegal (with penalties) for any political subdivision to restrict legal concealed carry beyond the restrictions found in state law.


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Post by stevie_d_64 » Mon Dec 04, 2006 9:08 am

I like your idea...

But until someone actually does make a federal case (pardon the pun) out of this, there are just too many legislators out there who are comfortable with the way things are now...And thats unfortunate...

"Txi" did mention as to why be a "pain" about the whole situation, or "waddaya going to do?" approach to this deal...I tend to agree with him on that premise...As much as I'd love to make a federal case about it...I suppose there wouldn't be much of a combined groundswell of more than 3-4 people willing to make waves...

If the TSRA and or NRA were to make a push on this then it might make it to some committee to be discussed...But other than making a few phone calls ourselves to see if there is the interest at this point of broaching the subject, I don't see much happening here...

Don't get me wrong, I think there are tons of things that need to be done to un-fetter our right to keep and bear arms...And anything I can do to (and encourage others to do) stir the pot, without becoming a "pain" I generally do, just to stay on the radar...


Make the phone calls...

Write the letters and emails...

Follow up...

When you manage to run into them in your district or elsewhere, press the issue...Ask them what they think about it...And if they tell you they need time to think about it, accept that at face value, and tell them you'd like to follow up on that in a few weeks...Give them time to work it...

At which point you'll know if the issue has legs or not...Then...

"Waddya gonna do?" ;-)

Thats about it in a nutshell...
"Perseverance and Preparedness triumph over Procrastination and Paranoia every time.” -- Steve
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Post by Kalrog » Mon Dec 04, 2006 9:40 am

I'm missing something... Can you define political subdivision please?

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Post by txinvestigator » Mon Dec 04, 2006 10:02 am

Basically a taxing entity with elected officials.

For someone living in the city of Dallas, Dallas County, that would be the City owned property of Dallas. Dallas collects taxes and has an elected council. It would also include Dallas County owned property, as Dallas County has elected official and collects taxes. It includes DART (Dallas Area Rapid Transit), Community College district, DISD (of course for college and ISD's the SCHOOLS themselves are off limits are per the penal code, etc.
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